MANZOOR AHMAD PAMPORI Vs. MOHD SULTAN PAMPORI

JUDGEMENT

(1.) IN a suit for the grant of perpetual / prohibitory injunction restraining the defendants from interfering in the possession of the plaintiff, an application for amendment of the plaint was filed seeking permission to amend the suit so as to incorporate the prayer for possession of the suit property and the grounds thereof in the plaint. It was stated in the application that the suit was filed by the plaintiff on 7.8.1982 with the prayer as mentioned hereinabove and by asserting that the plaintiff was in peaceful possession of the suit property. The plaintiff also filed an application for the grant of temporary injunction in which notice was issued to the defendants for their objections and the date was fixed on 19.8:1982 when Defendants 1,2,3, and 5 appeared in the court and were provided with the copies of the application. The case was adjourned to 13.9.1982 but the -Pendants 1 to 7 are alleged to have forcibly taken the possession of the suit property at 6 P.M. on 19.8 1982, necessitating the filing of the application for amendment of the plaint. The application was resisted on the ground that the plaintiff was never in possession of the property and wanted to change the nature of the suit by incorporating an inconsistent plea.

(2.) THE trial court held that the application was not bonafide, proposed amendment would prejudice the defendants by changing the nature of the suit and on the basis of the judgment produced by the counsel of the defendants, ultimately dismissed the application Aggrieved by order of the application, the present revision petition has been filed before this court

(3.) I have heard the learned counsel for the parties and have perused the record.